NDPS Act | Quantity Of Both Offending Drug & Neutral Substance Must Be Considered To Determine 'Small Or Commercial' Quantity: Chhattisgarh HC

The Chhattisgarh High Court has observed that while considering the mixture of narcotic drugs or psychotropic substances to determine whether it would constitute a 'small quantity or commercial quantity', not only the quantity of the 'offending drug' but the quantity of 'neutral substance' mixed should also be taken into consideration. Refuting the arguments of the counsels for the appellants-accused, the state counsel defended the judgment of the trial court by inter alia arguing that in view of the Judgment of in the Case of Hira Singh, it is apparent that the quantity so seized would fall in the category of commercial quantity. Against this backdrop, the Court, relying upon the Top Court's Hira Singh judgment, concluded that the quantity so seized from the possession of the accused/ appellants would fall under the category of commercial quantity. The Court, however, reduced the sentence of 12 Year RI to 10 Year RI in light of Section 32B of the NDPS Act as it noted that the trial court had failed to give any specific or any special reason for awarding a sentence higher than the minimum to the appellants for having committed offence under Section 21 of the NDPS Act.